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(영문) 대전지방법원천안지원 2013.08.23 2012가합7079
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The instant real estate was originally owned by the Plaintiffs and the Defendant’s father, and F died on June 18, 201.

At the time F’s heir, there was the Plaintiffs, who are spouse G and children, and the Defendant.

B. On November 17, 201, the Plaintiffs, the Defendant, and G entered into an agreement on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the instant real estate shall be owned by the Defendant, and the Defendant completed the registration of ownership transfer based on inheritance due to the said agreement division as the receipt of December 2, 2011 by the court No. 129068, Dec. 2, 201.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1-21, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The agreement on the division of inherited property of this case was concluded on the premise that the Defendant, once completing the registration of ownership transfer under the name of the Defendant alone, will cancel both the registration of the establishment of neighboring agricultural cooperatives and the registration of the creation of superficies for the obligee’s establishment of the real estate of this case to secure the Defendant’s obligation, and will complete the registration of ownership transfer according to the shares of G

B. On the other hand, even after the Defendant’s cancellation of both the registration of the establishment of a neighboring mortgage and the registration of the establishment of superficies on the instant real estate, the Plaintiffs are not subject to the registration of the transfer of shares according to their shares in inheritance, and thus the Plaintiffs are revoked by the delivery of a copy of the complaint of this case,

Therefore, the agreement on the division of the inherited property of this case became retroactively null and void, and the shares of 2/11 of the plaintiffs in the real property of this case were owned by the plaintiffs through inheritance, and the defendant is obligated to implement the procedure for the registration of transfer of ownership based on the restoration of each real name with respect to each of the above shares.

(c)be ancillary;

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